Thank you, Mr. Chair.
I'm happy to provide a brief overview of the measures being proposed in Bill C-59, specifically with regard to the prevention of terrorist travel act in tandem with the proposed changes to the Canadian passport order. The proposed amendments underline the government's continuing commitment to strengthen national security and protect Canadians at home and abroad, as they are intended to address the evolving global threat environment.
To begin, let me provide you with a brief overview of the changes to the Canadian Passport Order announced on May 7 related to national security.
First, the Minister of Public Safety and Emergency Preparedness will have the authority to cancel a passport when there is reasonable grounds to suspect it will prevent the commission of a terrorism offence, or for national security purposes. After a passport is cancelled, law enforcement and border control partners are notified and the passport can no longer be used for travel. However, cancellation is a temporary measure used until investigation is completed. If at the conclusion of an investigation there are insufficient grounds to revoke the passport, the passport will be reissued to the individual.
In some circumstances the passport may be cancelled by the minister without prior notice to the individual. In these instances the individual will be notified as soon as possible after the cancellation.
The order also provides an administration reconsideration mechanism to challenge passport cancellation decisions. Once a person has been advised of a cancellation, they are given 30 days to respond and provide information that will be taken into account by the minister when reconsidering the decision to cancel. The individual can appeal the cancellation before the Federal Court of Canada within 30 days of the date on which they receive the notice of the reconsideration decision. Provisions to appeal cancellation are provided for in proposed section 4 of the prevention of terrorist travel act.
Second, the minister can also refuse or revoke a passport when there are reasonable grounds to believe it will prevent the commission of a terrorism offence, or for national security purposes.
Finally, the order also provides the Minister of Public Safety and Emergency Preparedness the authority to refuse passport services for up to 10 years, during which an individual may not apply for a passport. During a period of refusal of passport services, a person may be required to travel on an urgent, compelling, or compassionate basis. There is an existing mechanism administered by Passport Canada to allow them to travel under these circumstances.
In these situations, an individual may submit an application for a temporary passport for travel and provide the documents necessary to support the justification.
Supporting these changes to the Canadian Passport Order are the legislative measures before you today.
These measures allow individuals to challenge passport decisions, protect information used in those proceedings, and set out the rules for both an appeal of the cancellation or a judicial review of the refusal or revocation.
In national security cases sensitive information is often required to support the cancellation or revocation of passports. During judicial proceedings protecting that sensitive information from disclosure is important to prevent adverse impacts on national security, or for the safety of the person. The government must balance the requirement to protect sensitive information with the ability to successfully uphold passport decisions taken on national security or terrorism grounds.
These proposed amendments will enable a Federal Court judge to protect sensitive information when presiding over proceedings for passport cancellation, revocation, or refusal of services for national security or terrorism purposes. The judge will be required to consider sensitive information in making the decision and to protect that information from disclosure if, in the judge's opinion, the disclosure could be injurious to national security or endanger the safety of any person. While some sensitive information may be withheld, the individual would still receive a summary of the information that was used to make the decision.
In addition, in the context of appeals and judicial review of national security passport decisions in the Federal Court, an individual may introduce information to respond to the government's case.
Overall, this approach should streamline the process and result in more timely decisions, which are in the interest of all parties.
The procedures have been designed to provide the individual with an opportunity to present their case and to be reasonably informed of the government's case. These measures are also consistent with the ability of the courts to review other ministerial decisions, such as the listing of terrorist entities and the listing of persons provided in Bill C-51 under the secure air travel act.
These safeguards strike a good balance between the right to protect Canadians against the threat of terrorism and the right of affected individuals to fair treatment.
Thank you. I am happy to take any questions the committee might have on the measures being proposed.
